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Hana Order

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Kamran Zaib
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9 views

Hana Order

Uploaded by

Kamran Zaib
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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(RESPONDENTS)

Mr. …………………….. for applicant.


Mr. ……………………..for Respondent
Representative of Revenue…..

ORDER
. 07- 2024

Through this order I intend to dispose of above titled Application/case


concerning over the property/House in dispute situated at Mahal
Mouza Hanna Tappa Durrani II district Quetta under mutations No
514 Ghair Mumkin Makan / 1275 khasra No 198 and also Re-Visit
Revenue record Particularly in the light of the settlement 1941-45 and
Jamabandi 1981-82 by providing equal opportunity to all the
concerned stake holders and dispose of the matter with following
observations

1. I am sick to state that unfortunately litigation has not attained finality


Nevertheless observations made by Apex court in respect of issues
of parties ,due to which parties are still under litigation, thus in the
light of Revenue Record as well as orders of competent courts of
jurisdiction with assistance of revenue authorities concern this forum
decided the fate of the matter with following point of determinations,

A. Whether the parties having any Rights in Property/House in


dispute situated under khasra no 198 belong to whom?

B. Whether who’s illegally occupied the House in question?

2.The crux of the matter of are that, in pursuance of settlement of year


1941-45 and Jamabandi 1981-82 khasra no 198 admeasuring 35
Rod 11 Pol entered in the name of Fazal Muhammad and others,
wherein under khasra no 198 also divided,
2 Rods 0 Pol pertain to Ghair Mumkin House,
33 Rods 11 Pols Ghair Mumkin Ghundi,
Thus Fazal Muhammad was owner house in khasra no 198 such as 1
Rod 0 Pol in Ghair Mumkin Makan there is only one house in Khasra
no. 198, record also transpired that Fazal Muhammad was owner of
House measuring 1 rod 0 Pol out of 2 rod 0 pol, record further
transpired that the Fazal Muhammad in year 1987 in his Life gifted
through mutation No 514 House to his sons namely Wazir
Muhammad and Muhammad Musa under khasra no 198, and
possession of same also handover to the sons.

3. In Response to mutation no 514 the record also transpired that house


in question remain in possession of Wazir Muhammad and
Muhammad Musa being recorded owners, while after demise of
Fazal Muhammad the Intakil e Wirasat was carried out through
mutation no 949 in year 1996 by all legal heirs of Fazal Muhammad
late, whereas stepbrother of Wazir Muhammad Fazal Muhammad
late’ son namely khuda e dad challenged the validity of mutation No
949 before court and the matter referred up to Hon’ble high court of
Balochistan wherein parties entered into compromise and filed
compromise deed in High Court of Balochistan ,thereafter High Court
of Balochistan vide its order disposed of the Civil Revision Petition No
331/1999 with following terms such as Para “F” of order of High
Court reproduced herein below

Para F. That the parties have raised their independent House


which in partition would be deemed to be their part of share .

4. That the record also revealed that the Muhammad Musa was
recorded owner of half House under mutation no 514 khasra no 198
in year 2001 transferred his shares to the name of his wife namely
Asmat Arah through mutation no. 1046, thereafter same was
purchased by Farzana wife of Wazir Muhammad under mutation no
1275, therefore Wazir Muhammad and his wife become exclusive
owner of property/House situated under khasra no 198 and wazir
Muhammad also made certain constructions over khasra 198.
5. That it’s also revealed that one Muhammad Hashim son of fazal
Muhammad filed suit in year 2012 against Shah zaman and Wazir
Muhammad, whereas written statement was filed with contention of
shah zaman as under at Para 4 of ,
That the contents of Para no 3 are admitted to
the extent of relationship of parties and inteqal e
wirasat of other properties are not denied. It is
important to mention here that the property
under mutation No. 514 khasra No. 198
measuring 1 rod 0 pol situated in mahal and
mauza Hanna tappa Durrani tehsil and district
Quetta was not mentioned in inteqal e wirasat of
late Fazal Muhammad and also partitioned
between the step brothers. The property under
mutation No. 514 was only the defendant No. 2
and one other legal heir of Fazal Muhammad
have any connection or concern with this
property.

That the contents of para No. 4 are denied and


strongly contested. The suit property was not
mentioned in inteqal e wirasat No. 949 as well as
1019 and the plaintiff as well as defendant No. 1
has no concern or connection with the property
in dispute. Actually the house in question was
initially constructed upon 6000 sq. Ft and
thereafter the defendant No. 2 included his share
of about 2000sq.ft, Which approximately
becomes 8000 sq. Ft. the description of property
given in this Para is not correct.
The suit filed by Muhammad Hashim was withdrawn subsequently
vide order dated 06-12-2012.

A. Whether the parties having any Rights in Property/House in


dispute situated under khasra no 198 and belongs to whom?

6. It is evident from the Revenue Record that as well as orders courts


that Wazir Muhammad and his wife is exclusive owner of property
/house situated under khasra No 198, by means of Gift and Mst
Farzana wife of Wazir Muhammad become owner of property/House
being bonafide Purchaser, such as Wazir Muhammad also made
certain construction over the property on his shares after settlement
between heirs of Fazal Muhammad late in year 2000. It is settled
from the record Wazir Muhammad is in possession of independent
House situated under khasra 198 and same was considered as share
of Wazir Muhammad and its also evident from record at the time of
compromise and after Mr, shah zaman neither occupied any
independent House nor raised any construction with consent of legal
heirs of Fazal Muhammad, therefore at this bleated state claimed of
Shahzaman over property/House is baseless and property/house
situated under khasra no 198 is belong to Wazir Muhammad and his
wife Mst Farzana ,therefore point A resolved in favour of Wazir
Muhammad and Mst Farzana.

Whether who’s illegally occupied the House in question?

That the point A resolved in favour of wazir Muhammad and Mst


Farzana against the legal heirs of the Fazal Muhammad late,
therefore Mr Shahzaman has illegally claim rights in the
property/house in question situated at khasra no 198. Therefore Point
no B resolved against Shazaman.

7. Keeping in view the above discussion and facts, and after revisit of the
case referred above, I inclined to disposed as that the property/house
situated in khasra no 198 under Mahal Mouza Hanna Tappa Durrani II
district Quetta will be intact as per entries of mutation No.514 and
1275 to the name of Wazir Muhammad and his wife ,Hence the
possession of the said house be handed over to the recorded owners,
while Shahzaman failed to produced any evidence in his support,
case is disposed of in the above terms.
Announced in open court.
On 07-2024.
(-----------------------).

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